(Download) "Rossa v. Workers Compensation Appeal Board" by In the Supreme Court of Pennsylvania Eastern District * Book PDF Kindle ePub Free

eBook details

Title: Rossa v. Workers Compensation Appeal Board
Author : In the Supreme Court of Pennsylvania Eastern District
Release Date : January 30, 2003
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 77 KB

Description

In this appeal we are asked to answer the following questions: does a Workers Compensation Judge (WCJ) have the authority to determine paternity in a proceeding under the Workers Compensation Act (Act) and, if so, what evidentiary standard must be met in order to prove paternity? For the reasons that follow, we hold that a WCJ does have the authority to determine paternity, not for all purposes, but for purposes of determining the eligibility of a child for benefits and that such eligibility must be established by a preponderance of the evidence. Because Appellee proved eligibility by a preponderance of the evidence and the Commonwealth Court granted the fatal claim petition on that basis, we affirm the order of the Commonwealth Court. We need not reach beyond the question of eligibility and, so, do not.